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2021 Supreme(Bom) 1305

BHARATI DANGRE
Gopal Laxman Rajendra – Appellant
Versus
Municipal Corporation Of City Of Nashik – Respondent


Advocates appeared:
Girish R. Agrawal, Advocate, Subhash V. Gutte, Advocate

JUDGMENT

Bharati Dangre, J. - The applicant is aggrieved by the order dated 26/06/2018 passed by the District Judge-10, Nasik in Civil Misc. Application No.151 of 2015 instituted by the Municipal Corporation of City of Nasik and two others. The order is passed in an application seeking condonation of delay in preferring appeal against judgment and order dated 23/08/2012 by the 6th Joint Civil Judge, Senior Division, Nasik in Regular Civil Suit No.313 of 2011.

2. By the said application, a relief was sought to condone the delay of 2 years, 8 months and 16 days in preferring the appeal. By the impugned order, learned District Judge has condoned the delay on being satisfied with the reasoning stated in the application and by recording that the delay appears to be "probable and acceptable" and it has been explained by setting out the sufficient reasons. The court records that the delay of 2 years, 8 months and 16 days is not intentional, but accidental and, therefore, to afford a fair opportunity and to enjoy the right of appeal the delay deserves to be condoned.

3. The brief background and the impugned order would reveal that the applicant had filed a regular civil suit for recovery of p

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